Mother of missing Fitchburg boy in court

Tuesday

Dec 17, 2013 at 6:00 AMDec 17, 2013 at 4:14 PM

By George Barnes and Paula J. Owen TELEGRAM & GAZETTE STAFF

FITCHBURG -- A defiant Elsa Oliver, the mother of the missing 5-year-old boy from Fitchburg, was arraigned in Fitchburg District Court this afternoon. Ms. Oliver resisted court officers' attempts to escort her into the courtroom.

During the arraignment, a not guilty plea was entered on her behalf and she was ordered held for evaluation. She is due back in court Dec. 24 for further arraignment and a competency hearing.

Return to telegram.com for full coverage of the arraignment.

FITCHBURG — The mother of a 5-year-old boy missing since September has been ordered by the court to produce him, and she and her boyfriend are facing charges in connection with his disappearance.

District Attorney Joseph D. Early Jr. said Jeremiah Oliver was last seen by relatives Sept. 14, but police only learned Friday he was missing.

"We are treating this as a potential homicide," Mr. Early said Monday.

Elsa Oliver, 28, the child's mother, was arrested Monday and charged with two counts of reckless endangerment of a child and two counts of being an accessory after the fact of a felony (assault and battery with a dangerous weapon).

Ms. Oliver's boyfriend, Alberto L. Sierra, 22, of 164 Meadowbrook Lane, was arrested and charged with two counts of assault and battery with a dangerous weapon (knife) and two counts of assault and battery on a child causing bodily injury. Mr. Sierra was charged with attacking Jeremiah and one of his young siblings with a knife, Mr. Early said. Ms. Oliver was charged as an accessory after the fact to the attacks.

Documents in Fitchburg District Court indicate Mr. Sierra is alleged to have physically abused Ms. Oliver in front of the children. On Friday, Ms. Oliver appeared at court for a care and protection hearing but refused to cooperate and "fled the court house," according to court records.

Mr. Early said state and Fitchburg police went to the Oliver home Friday with a search warrant after hearing from Reingold Elementary School officials about concerns they had about abuse in the home. Mr. Early said he could not say why it took so long for police to be notified of the child's disappearance. Mr. Early's spokesman, Timothy Connolly, said Jeremiah's 8-year-old sister had brought the situation to the school's attention.

"When we were notified, the state police detectives assigned to my office and Fitchburg police immediately got involved," Mr. Early said. "There were interviews done, and a search warrant was executed at the Kimball Street address where the child was known to live."

A judge ordered Ms. Oliver to produce her missing son to the court, Mr. Early said. As of Monday evening, she had failed to do so. If she does not produce the child, she could face contempt charges in Juvenile Court.

Fitchburg Superintendent of Schools Andre Ravenelle said he could not comment on what led school officials to contact police. He said Monday he had just learned of the situation.

The district attorney said he also could not say what evidence was found during the search of the house that led to the charges. Ms. Oliver has two other children, who are now in the custody of the state Department of Children and Families, but Mr. Early said that in all the charges, Jeremiah is the victim.

Mr. Sierra was arraigned Monday in Fitchburg District Court and is due back in court Thursday for a dangerousness hearing. Mr. Early said Ms. Oliver is due in court Tuesday for arraignment.

Mr. Early said his office also expects to ask that the court hold a dangerousness hearing on Ms. Oliver's charges, possibly on Friday.

Monday night, Diaz I. Carmen and her son Danny Diaz, who live in an apartment next door, said they would see Jeremiah frequently getting on and off the school bus.

Ms. Carmen said Jeremiah seemed happy, but his mother did not. Ms. Oliver seemed sad, she said, and Ms. Carmen said she thought it was odd that Ms. Oliver covered the windows of her second-floor apartment with black trash bags.

Ms. Carmen said detectives were at her apartment asking questions a few days ago, and then on Monday when she got home after bell-ringing for the Fitchburg Salvation Army's kettle drive, a friend told her that detectives were back at Ms. Oliver's house.

When she saw a photo of Jeremiah on a news website, she started crying and covered her face with her hands, she said.

"She would take him to the bus and we would see him outside and when he got home, he would say, 'Mommy, I'm home, Mommy,' '' Ms Carmen said..

Danny Diaz described Jeremiah as a friendly child who would always say hello to him.

"Every time I would leave the house and would see him looking at me outside on the porch, he would always say hi to me," he said.

Police are asking for the public's help in finding the missing child.

The boy is about 40 inches tall and weighs about 40 pounds. He has brown eyes and brown hair.

Anyone with information about where he is or what happened to him is asked to call the state police detectives assigned to Mr. Early's office at (508) 832-9124 or Fitchburg police at (978) 345-9648.

Material from The Boston Globe was used in this report.

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